THE ALLAHABAD High Court on Friday did not grant bail to Imrana?s father-in-law Ali Mohammad, who was convicted by the sessions court for raping his daughter-in-law. However, after hearing both sides at length, the court ordered for summoning of the lower court?s record and fixed December 1 for the next date of hearing. The issue of bail will be considered only after the availability of the record and after going through it.
THE ALLAHABAD High Court on Friday did not grant bail to Imrana’s father-in-law Ali Mohammad, who was convicted by the sessions court for raping his daughter-in-law.
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However, after hearing both sides at length, the court ordered for summoning of the lower court’s record and fixed December 1 for the next date of hearing. The issue of bail will be considered only after the availability of the record and after going through it.
This order was passed by Justice MK Mittal while hearing the criminal appeal of Ali Mohammad.
In his criminal appeal, Ali Mohammad challenged the judgment given by the sessions judge, Muzaffarnagar, dated October 19, by which he was awarded 10-year rigorous imprisonment for raping his daughter-in-law Imrana. He was also imposed a fine of Rs 10,000 out of which Rs 8,000 was to be paid to Imrana.
On Friday, Ali Mohammad’s counsel argued that the appellant was 65-year old and there was delay in lodging of the FIR. Besides, the medical report did not support the prosecution story. Further, he alleged that both Imrana and her husband Noor Ilahi wanted partition of the property and when the appellant refused, they falsely implicated him in the rape case.
He requested the court to release the appellant on bail during the pendency of this criminal appeal. Besides, he made a request for setting aside of the judgement of the sessions judge, Muzaffarnagar, by which the appellant was convicted.
However, Imrana’s counsel opposed the appellant’s request, saying that the offence was a serious one as the appellant had entered the room of his daughter-in-law in the night and raped her at pistol point. She had made a statement against him.
To recall, Ali Mohammad raped Imrana on June 8, 2005 and an FIR was lodged on June 12.
The case became widely known when Imrana took her complaint to the Panchayat. The Panchayat asked her to treat her husband, Noor Ilahi, as her son as she had sex with his father. Their marriage was declared illegal.
Leading Islamic seminary Darul-Ulum Deoband also reportedly decreed that she could no longer live with her husband. However, Imrana defied the order of the Panchayat and continued to live with her husband.